GAO-03-739R 

United States General Accounting Office

Washington, DC 20548 

B-292248 

May 9, 2003 

The Honorable John McCain 

Chairman 

The Honorable Ernest F. Hollings 

Ranking Minority Member 

Committee on Commerce, Science, and Transportation 

United States Senate 

The Honorable Don Young 

Chairman 

The Honorable James L. Oberstar 

Ranking Minority Member 

Committee on Transportation and Infrastructure 

House of Representatives 

Subject: Department of Transportation, Federal Motor Carrier Safety Administration: 

Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a 

major rule promulgated by the Department of Transportation, Federal Motor Carrier 

Safety Administration (FMCSA), entitled “Hours of Service of Drivers; Driver Rest 

and Sleep for Safe Operations” (RIN: 2126-AA23). We received the rule on April 28, 

2003. It was published in the Federal Register as a final rule on April 28, 2003. 

68 Fed. Reg. 22456. 

The final rule revises FMCSA’s regulations to require motor carriers of property to 

provide drivers with better opportunities to obtain sleep, and thereby reduce the 

incidence of crashes attributed in whole or in part to drivers operating commercial 

motor vehicles while drowsy, tired, or fatigued. The final rule (1) increases the 

required time off duty from 8 to 10 consecutive hours, (2) prohibits driving after the 

end of the 14th hour after the driver began work, (3) allows an increase in driving 

time from 10 to 11 hours, and (4) allows drivers to restart the 60- or 70-hour clock 

after taking 34 hours off duty. 

Enclosed is our assessment of the FMCSA’s compliance with the procedural steps 

required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. 

Our review indicates that the FMCSA complied with the applicable requirements. 
Page 2 GAO-03-739R 

If you have any questions about this report, please contact James W. Vickers, 

Assistant General Counsel, at (202) 512-8210. The official responsible for GAO 

evaluation work relating to the subject matter of the rule is Michael Gryszkowiec, 

Managing Director, Physical Infrastructure. Mr. Gryszkowiec can be reached at 

(202) 512-2834. 

Sincerely yours, 

 signed 

Kathleen E. Wannisky 

Managing Associate General Counsel 

Enclosure 

cc: Suzanne O'Malley 

FMCSA Regulations Officer 

Department of Transportation 
GAO-03-739R 

ENCLOSURE 

ANALYSIS UNDER 5 U.S.C. § 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE 

ISSUED BY THE 

DEPARTMENT OF TRANSPORTATION, 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 

ENTITLED 

"HOURS OF SERVICE OF DRIVERS; DRIVER REST AND SLEEP 

FOR SAFE OPERATIONS" 

(RIN: 2126-AA23) 

(i) Cost-benefit analysis

FMCSA estimates the final rule would cost $1.3 billion per year and a net benefit of 

$1.1 billion per year relative to the current rules with full compliance. 

(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. §§ 603-605, 

607, and 609

Following the conduct of a Final Regulatory Flexibility Analysis, FMCSA has 

certified that the final rule will not have a significant economic impact on a 

substantial number of small entities. 

(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform 

Act of 1995, 2 U.S.C. §§ 1532-1535

The final rule will impose an unfunded mandate on the private sector of more than 

$100 million in any one year. Therefore, FMCSA has prepared the required written 

statement that addresses each of the elements required by the Act, including a 

discussion of the alternatives considered. 

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq. 

The final rule was issued using the notice and comment procedures contained in 

5 U.S.C. 553. On May 2, 2000, FMCSA published a Notice of Proposed Rulemaking in 

the Federal Register. 65 Fed. Reg. 25540. In response, FMCSA received more than 

53,750 comments on the proposed rule and discusses them in the preamble to the 

final rule. 

Paperwork Reduction Act, 44 U.S.C. §§ 3501-3520 

The final rule contains an information collection that is subject to review by the 

Office of Management and Budget (OMB) under the Paperwork Reduction Act. The 
Page 2 GAO-03-739R 

rule affects a previously approved collection entitled “Record of Duty Status” (OMB 

Control No. 2126-0001). FMCSA has submitted the revised collection with the new 

title of “Hours of Service of Drivers Regulations” to OMB with a newly computed 

annual burden estimate for approval. 

Statutory authorization for the rule 

The final rule is issued pursuant to the authority contained in section 408 of the ICC 

Termination Act (Pub. L. 104-88, December 29, 1995, 109 Stat. 803, 958). 

Executive Order No. 12866 

The final rule was reviewed by the Office of Management and Budget and found to 

be an “economically significant” regulatory action under the order. 

Executive Order No. 13132 (Federalism) 

The FMCSA has determined that the final rule does not have a substantial direct 

effect on states, nor would it limit the policymaking discretion of the states. The 

final rule does not preempt any state law or regulation.